Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25.11

Attendance at hearing by electronic communication

             (1)  A party may apply to attend the hearing of an application for a divorce order by electronic communication.

             (2)  Before making an application, the party must ask any other party whether the other party agrees, or objects, to the use of electronic communication for attending the hearing.

             (3)  An application must:

                     (a)  be in writing; and

                     (b)  be made at least 7 days before the date fixed for the hearing; and

                     (c)  set out the following information:

                              (i)  the kind of electronic communication to be used;

                             (ii)  the expense of using the electronic communication, including any expense to the court, and the applicant's proposals for paying those expenses; and

                     (d)  set out details of the notice in relation to the application that has been given to any other party; and

                     (e)  state whether any other party agrees or objects to the application.

             (4)  An application may be considered in chambers, on the documents.

             (5)  The Court or a Registrar may take the following matters into account when considering an application:

                     (a)  the distance between the party's residence and the place where the Court or the Registrar is to sit;

                     (b)  any difficulty the party has in attending because of illness or disability;

                     (c)  the expense associated with attending;

                     (d)  the expense to be incurred, or the savings to be made, by using the electronic communication;

                     (e)  any concerns about security, including family violence and intimidation;

                      (f)  whether any other party objects to the request.

             (6)  If the Court or a Registrar grants the application, the Court or the Registrar may:

                     (a)  order a party to pay the expense of using the electronic communication; or

                     (b)  apportion the expense between the parties.

             (7)  If an application is granted, the party who made the application must immediately give written notice to each other party.



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